Chapter 2 - § 2.2 • CONFESSIONS

• Jurisdiction: Colorado

§ 2.2 • CONFESSIONS

§ 2.2.1—Introduction

A confession is one of the most devastating types of evidence that can be admitted against a defendant in a criminal case. At common law, a confession consists of either a full acknowledgment of guilt of the specific crime or an acknowledgment of all the facts necessary to establish guilt of the specific crime. The evidence is established by calling as a prosecution witness the law enforcement officer or other person to whom the defendant allegedly made the confession and asking that person what the defendant said.

It is important to note that an uncorroborated confession alone is not sufficient for a jury to convict the defendant. This is often referred to as the corpus delicti rule, which was promulgated over 100 years ago. See Roberts v. People, 17 P. 637 (Colo. 1888), and Downey v. People, 215 P.2d 892 (Colo. 1950). The Colorado Supreme Court recently abandoned the corpus delicti rule for a trustworthiness standard in People v. LaRosa, 293 P.3d 567 (Colo. 2013). Under the new trustworthiness standard, a conviction could be based on defendant's confession if the prosecution presented sufficient evidence that tended to establish the trustworthiness or reliability of the confession. Id. at 577.

Ordinarily, the admission of a confession will have been challenged in a pretrial motion to suppress, and the judge will have already denied the motion, thereby paving the way for its offer at trial. Crim. P. 41(g). Compliance with constitutional safeguards pertaining to confessions will also be a predicate for the admission of the testimony at trial, and for its consideration by the jury.

When a defendant challenges a confession or inculpatory statement, the prosecution has the burden to establish a valid waiver of the defendant's right to counsel and right against self-incrimination pursuant to Miranda v. Arizona, 384 U.S. 436 (1966). The burden to establish a valid Miranda waiver is by a preponderance of the evidence. People v. Hopkins, 774 P.2d 849, 853 (Colo. 1989). The prosecution must also establish by a preponderance of the evidence that the confession or statement was voluntarily made. People v. Gennings, 808 P.2d 839, 843 (Colo. 1991). The voluntariness of a confession or inculpatory statement must be determined by a consideration of the totality of circumstances under which the statement was made. Id. at 844.

Although a pretrial motion to suppress is the required method of challenging the admissibility of a...